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TMI Blog2016 (10) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Sections 9(1) (b), (bb), (bbb) and Section 9(1)(c) of the Central Excise Act, 1994. 2. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State. 3. Learned senior counsel Mr.Shalin Mehta with learned advocate Mr. Pathak for the applicant submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is submitted that the complainant seized goods from the factory and godown, for which a central excise duty has been qunatified is only Rs. 84.77 lakhs, therefore, it will become bailable offence, wherein a bail ought to have been granted under the law. It is submitted that the Complainant presumed that from October- 2014 till June-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the applicant, he may be enlarged on regular bail by imposing suitable conditions. 4. According to the learned advocate for the respondent - complainant, the applicant is a partner in a partnership firm "Devraj Tobacco Co." The partnership firm is engaged in the business of manufacturing of filtered Cigarette (of Brand Name of Tuff - 10/B - 10) having length of 69 mm (with filter) having factory at Surendranagar. The partnership firm has three partners namely the applicant, and two other partners namely Nitibhai Patel and Mr.Kishorsinh Parmar. 4.1 It is submitted that under the information, the DGCEI, Vadodara (Director General of Central Excise Intelligence), has raided the factory premises, Residential House of the applicant and go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehta submitted that the complainant took forceful statement of applicant on 30.06.2016 and 01.07.2016. The applicant has provided all relevant details to the complainant under the aforesaid statements, but the applicant has not been given opportunity to retract the said statement. 4.6 It is submitted that the it has been alleged that the applicant has contravened different provisions of Central Excise Act, 1994, which are as follow: a. Under Rule 4 of the Central Excise Rules 2002 read with Section 6 of the Central Excise Act 1994, excisable goods manufactured and cleared without excise duty. b. As per Rule 6, the Applicant failed to assess Central Excise Duty payable on cigarettes. c. Under Rule 9 of Central Excise Rules 2002, read wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions. 6. Learned Additional Public Prosecutor appearing on behalf of the respondent-State also opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicant. Therefore, the present application may be rejected. 7. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report and other papers as also considering the fact that the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st and permanent address of residence to the Investigating Officer, and also to the Court at the time of execution of the bond, and shall not change the residence without prior permission of this Court; [g] deposit an amount of Rs. 50,00,000/-, without prejudice to their rights and contentions, before the concerned the Central Excise Department towards Central Excise Registration in following manner: Rs.10,00,000/- within a week from the date of his release; Rs.10,00,000/- between 15th December and 30th and 30th December, 2016. Rs. 10,00,000/- between 15th January, 2017 and 30th January, 2017, Rs.10,00,000/- between 15th February, 2017 and 28th February, 2017. Rs.10,00,000/- between 15th March, 2017 and 30th March, 2017; However, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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